CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Visitors |
Shalhoub v. Canada (Minister of Citizenship and Immigration)
IMM-1699-02
2002 FCT 445, Dawson J.
22/4/02
5 pp.
Application for stay of removal order--Applicant born in Nablus, West Bank, holding passport issued by Palestinian Authority, considered stateless--Came to Canada on student visa, refused to leave--Learned region volatile, towns (Nablus, Jenin) where could have received shelter had sustained massive attacks by Israeli army, family home demolished--Applicant asked removal officer for risk assessment, but removal officer did not defer removal to permit assessment--Issue whether serious question raised-- Motion granted--Based on Saini v. Canada (Minister of Citizenship and Immigration), [1998] 4 F.C. 325 (T.D.), Wang v. Canada (Minister of Citizenship and Immigration), [2001] 3 F.C. 682 (T.D.), removal officer may have regard to cogent evidence of risk in removal to particular destination and as to whether or not appropriate risk assessment has been conducted and evaluated, solely for purpose of informing exercise of discretion regarding deferral--Herein, removal officer did not have regard to issue of risk of removal--This raises sufficient likelihood of success on underlying application--Evidence of country condition put before Court in documents prepared by Amnesty International, International Committee of Red Cross, Washington Post showing applicant facing serious risk of irreparable harm--Therefore, balance of convenience favouring granting requested stay.